Veermani Pandey And ANR v. Ram Padarath Pandey And ORS

Patna High Court C.Misc. No.16 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.16 of 2017 ====================================================== Veermani Pandey & Anr .... .... Petitioner/s

Versus

Ram Padarath Pandey & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pankaj Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-01-2017 Heard the learned counsel, Mr. Pankaj Kumar for the petitioners.

Perused the impugned order dated 02.11.2016 passed by the learned Sub Judge I, Sheikhpura in Title Suit No.43 of 2009 whereby the learned Court below rejected the application filed by the petitioners under Section 151 C.P.C. seeking permission to contest the suit.

Admittedly, the learned Court below has earlier rejected the same prayer on 30.03.2012 and against that the petitioner has filed C.W.J.C. No.8618 of 2012 which is still pending. During the pendency of this writ application, the petitioner filed application under Section 151 C.P.C. praying for recall of the order dated 30.03.2012 indirectly which is under challenge before the High Court in the aforesaid writ application. Since the order dated 30.03.2012 is under challenge before the High Court whereby the

Patna High Court C.Misc. No.16 of 2017 (2) dt.18-01-2017 petitioner was debarred from contesting the suit, there is no question of allowing the court below to the petitioners to contest the suit during the pendency of the writ application. Therefore, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. The court below itself has held that the petitioner may get his remedy redressed before the High Court in aforesaid writ application. Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T